by Andy Dehnart / May 10, 2012, 6:27 PMcomment »After warning ABC about the connections between its announced series Glass House and CBS’ Big Brother, CBS has filed suit.

The full lawsuit [PDF] (via The Hollywood Reporter’s story) sues Disney, ABC, producers, and many individuals who now work on the ABC show but used to work on the CBS show, claiming ABC’s “is a carbon copy of Big Brother and an obvious attempt by Defendants to capitalize on its unique success.” The lawsuit says there has been “blatant theft of its copyrightable expression, trade secrets, and other confidential and proprietary information.”

Most comical is the section that describes the show:

“Big Brother is a ground-breaking reality television show that involves a contest among guests who live in a house and who are filmed continuously, perform challenges and tasks, and vote each other of the show. … Big Brother was the first series of its kind to combine the drama and competition of elimination with the developing teelvision genre of modern observational documentary.Um, anyone at CBS ever hear of Survivor? Or ABC’s Making the Band, which premiered months earlier and did exactly that? (There is a chance they are referring to the original Dutch format that it is based on, but the language demonstrates one of the challenges of these kinds of claims. The lawsuit also cites “unique interactive features” of the show that include America’s Player and the 24-hour feed, and compares them to Glass House’s announced format.

The lawsuit—worth a read because of all the details it goes into—mentions that producers had access to “critically important documents”: the “House Guest Manual,” “Producer’s Binder,” and “Story Producer’s Handbook,” and also cites the producers and crew members’ “unprecedented and troubling degree of access to CBS’s copyrightable expression, as well as CBS’s protected trade secrets and other confidential and proprietary information related to the behind-the-scenes development, filming, and production of Big Brother.” It insists that “none of these protected trade secrets can be discovered or ‘reverse engineered’ merely by watching Big Brother.”

In other words: Big Brother is much, much harder to produce than it seems. You try to get a challenge to ejaculate on a mentally unstable person who’s being manipulated by flirty producers.

2ND UPDATE 4PM: ABC has issued the following statement in response of CBS’ filing: “We believe there is no merit to this lawsuit. The differences between Glass House and Big Brother are both fundamental and obvious, ranging from Glass House’s interactive elements and audience participation to its deployment of cutting edge technologies.

UPDATE, 3:05 PM: CBS claims in the lawsuit (read it here) that The Glass House employs “at least 19″ former producers and staff from Big Brother, and details them all by name in today’s filing. CBS is suing for copyright infringement, trade-secret misappropriation, unfair competition, breach of contract and conspiracy among other claims, calling Glass House “a carbon copy” of its Big Brother. As for dollar amounts, the network is asking for $500,000 “for each of the Individual Defendants’ acts in violation of the non-disclosure agreements” — with multiple clauses, those totals add up fast — in addition to other damages and legal fees. “CBS therefore brings this action to obtain preliminary and permanent injunctive relief and restitution, and to recover compensatory and punitive damages.”

PREVIOUS, 1:45 PM: A week after CBS fired a warning shot with a letter to ABC threatening to take legal action if the network proceeds with its recently announced summer reality series The Glass House, the eye network today filed a lawsuit against the Disney-owned broadcast networks. I haven’t seen the filing yet, but last week’s letter noted that Glass House “exposes ABC to liability, including damages and injunctive relief, for violation of the Copyright Act, including breach of non-disclosure agreements and misappropriation of trade secrets.” CBS is basing its case on the fact that the concept of Glass House is very similar to its veteran Big Brother. The network also claims that the ABC series employs at least 18 former members of CBS’ Big Brother production staff, many of whom have signed confidentiality agreements with CBS, which the network argues would be breached in their work for Glass House.

ABC Fires Back at CBS Lawsuit Over 'Big Brother'-Type Reality Show"Even CBS must realize it cannot copyright the idea of 14 contestants living in a house rigged with cameras," the ABC court papers argue.

ABC has shot back in the legal war over its upcoming reality series Life in a Glass House, which is the subject of a federal lawsuit filed by Big Brother network CBS.As we first reported on May 10, CBS sued ABC and several producers for copyright and trade secret infringement, alleging Glass House is a "carbon copy" ripoff of Big Brother and is being produced by a team of 19 staffers that formerly worked on the long-running hit show.CBS then filed court papers May 14 asking for limited fact-finding to support a planned motion for a preliminary injunction to stop development of the ABC series before its scheduled premiere on June 18. And now ABC has responded, offering its first detailed argument for why the case is bogus and the request for an expedited time-table for a preliminary injunction motion should be denied.Calling the suit a "meritless attempt to shut down development of ABC's newest reality televison program," the network claims it hasn't even finalized rules or constructed a set but nonetheless it lays out several alleged distinctions between the two shows: unlike Big Brother, Glass House contestants will be able to see outside the house and interact with fans via social media; there will be no host (Julie Chen hosts Big Brother) and it will be team-oriented, rather than the every-man-for-himself theme of Big Brother. For these reasons and others, ABC argues that the CBS copyright claim will fail. "Even CBS must realize it cannot copyright the idea of 14 contestants living in a house rigged with cameras," the ABC court papers state.On the trade secret violation claim, ABC argues that there's nothing secret about a show that has aired on CBS since 2000 (and around the world via deals with creator Endemol), and that workers typically move around a lot in the unscripted TV business. "Employee mobility is the norm, not the exception in reality TV," the ABC court papers argue. "Employees, who generally must be rehired each season, are often itinerant, going from series to series looking for a better opportunity." That's especially true at Big Brother, ABC argues, due to the show's "low pay and 24 hour a day / 7 days a week filming schedule."After arguing that judge Margaret M. Morrow should deny the request for "expidited" discovery, ABC then sets out a proposed schedule that, if adopted by the court, would culminate in a hearing on the motion for a preliminary injunction on June 11.CBS wants the judge to intervene immediately, and the network is requesting permission to obtain documents and deposition testimony from ABC relating to Glass House and several former Big Brother producers that are involved in making the new show. CBS says the requests are urgent. "Because Glass House is now in the midst of production, the value to Defendants of CBS' trade secrets and confidential information is at its highest, and those trade secrets are likely being disclosed on the production of Glass House every day," the network argues. "CBS will suffer substantial and irreparable harm if these wrongs are allowed to continue, as compared to the limited burden that this discovery will place on Defendants."With Glass House set to premiere in less than a month, the clock is ticking. Will CBS successfully convince the judge to stop the show in its tracks?ABC is repped by Glenn Pomerantz and a team from Munger Tolles & Olson and Devin McRae of LA's Early Sullivan firm. CBS is repped by Scott Edelman and a team from Gibson Dunn & Crutcher.

Radio and TV pioneer Fred Allen once quipped, "Imitation is the sincerest form of television." But he didn't live to see today's reality-TV wars, which erupted again this spring after CBS accused ABC of ripping off Big Brother and Fox announced plans to tweak NBC's The Voice.

Can't we all just get along? When it comes to unscripted TV, the answer is a resounding "no." CBS has filed suit to stop ABC from launching the new reality show The Glass House, which is scheduled to debut on June 18 unless a federal judge slaps an injunction on it. And that's just the latest in a long line of complaints between networks over copycat shows.

TV Guide Magazine first broke the news of The Glass House in April, calling it ABC's attempt to "take on" Big Brother. CBS claims ABC stole trade secrets and is guilty of copyright infringement by creating a show that is similar in nature to Big Brother — 14 contestants living in a large house, isolated from the outside world, who are filmed continuously; interactive features; and contestants who are voted off, with the last player winning a big prize.

CBS notes that 19 staffers on The Glass House once worked on Big Brother, including executive producer Kenny Rosen, and says all of them had signed nondisclosure agreements. The sheer number of ex-Big Brother employees proves that ABC is copying the show, CBS says, and will now have the ability to rely on the unique ways that Big Brother is produced, including the technical setup and story-producing process. "CBS has expended considerable time, money and labor in the development of these trade secrets," the suit says. Calling the actions "oppressive and malicious," CBS is asking for $500,000 for "each act of violation," among other damages.

But The Glass House will still go on, as ABC has so far caught a break: CBS' case has bounced around the court, as two different judges wound up excusing themselves from the case. A third judge then sent the case's lawyers to a magistrate to start taking depositions and collecting documents — but it's unclear whether CBS will have enough information to file an injunction against The Glass House before its June 18 debut. (CBS may have a better case once the new show debuts and it's an apparent Big Brother clone. On the flip side, if The Glass House looks and feels different enough, CBS' case may be moot.)

ABC is going out of its way in order to not tip its hat to CBS — so far, The Glass House hasn't released many details, such as actual photos of its set. The show only announced its contestants on Monday.

This isn't the first time CBS and ABC tussled over a reality show. In 2003, CBS tried to stop ABC from airing I'm a Celebrity...Get Me Out of Here! — which CBS claimed was a rip-off of Survivor. A judge noted that TV shows continue to borrow elements from programs that aired before them, and let Celebrity proceed. CBS also sued Fox over Boot Camp, another Survivor clone, but settled out of court. And the producers behind ABC's Wife Swap once filed suit against Fox for the copycat Trading Spouses, but a judge let Fox air that show anyway.

Of course, there were plenty of Friends wannabes back in the day, but cloning is particularly egregious in the unscripted world, where carbon copies of shows such as Pawn Stars are now plentiful and singing competitions are proliferating. The trend is nothing new: In 1979, NBC's Real People inspired ABC's That's Incredible!, which launched the next year. After Who Wants to Be a Millionaire revived the game show in 1999, every network quickly aired a clone — and all of them looked suspiciously similar, right down to the dark stage and flashing lights. The Bachelor led to plenty of dating shows — including Fox's infamous Joe Millionaire.

These copycats may be annoying, but no judge has been willing to say that they're copyright infringement. Some can even be considered parody, like Fox's The Choice, which takes the famous spinning chairs of The Voice and applies it to a dating show. NBC, which is likely miffed over the idea, has been mum, as there's no law against spoofing the competition and any reaction would likely help promote The Choice.

Given the previous outcomes, CBS' odds of stopping The Glass House are long. "These types of lawsuits are extremely difficult for the plaintiffs to win," says entertainment lawyer Aaron Moss. "Copyright law prevents anyone from claiming protection in elements that are commonplace to the genre. These include basic staples of reality TV like contestants living in a house, competing in challenges and being voted off." (Otherwise, The Real World could probably sue everyone.)

ABC called the suit "meritless," arguing that Glass House is different in several ways. Others believe CBS is simply looking to put a little fear into ABC and make sure The Glass House is different. "They may just be trying to disrupt a competitor and scare the producers," says attorney Steve Smith.

Most clones are ratings duds, and even blip megahits like Joe Millionaire quickly fade away. But the Who Wants to Be a Millionaire fakes helped hasten its demise, and all the current singing shows are cannibalizing one another, so CBS is looking to protect Big Brother from losing its mojo.

As for the nondisclosure breach, Moss says, "This adds a different dimension to the case, but ultimately, in order to shut down Glass House, CBS will need to prove that the similarities show up on the screen." Careful, ABC: Big Brother is watching you.

CBS is set to file a request for a temporary restraining order to stop upcoming reality series Glass House from airing on ABC. Sources tell The Hollywood Reporter that the court papers will be filed in federal court in Los Angeles tonight by lawyers for CBS.

As we previously reported, CBS is suing ABC over the upcoming strangers-living-together show, arguing that it violates the intellectual property of Big Brother and that trade secrets obtained by at least 19 former Big Brother employees are being used to create the new show. ABC denies that Glass House, which is set to debut June 18, is a copycat, arguing that CBS can't possibly claim copyright infringement over a live competition show that hasn't been created yet.

A lengthy deposition took place Sunday of defendant Kenny Rosen, executive producer of Glass House and a former producer of Big Brother. The Rosen interrogation lasted seven hours, according to court documents, during which he was grilled about the format for Glass House and whether he is using any secret information or resources from his previous job at Big Brother to create the ABC show. During the deposition, sources say he admitted that about 27 former Big Brother staffers are working on Glass House, and that he consulted Big Brother manuals when putting together the plan for Glass House.

CBS tipped its plan in court papers filed earlier this week, in whcih the network outlined its argument against the show.

"CBS undeniably has an interest in stopping the irreparable harm caused by Defendants' ongoing misappropriation of trade secrets, infringement of Big Brother's copyright and other unlawful activity (including spoilaiton of evidence)," the network's proposed schedule argued. "For these reasons, CBS intends to seek a [temporary restraining order] preventing the ongoing production and imminent airing of Glass House on June 18."

ABC and Rosen responded with their own court filing disputing CBS' characterization of the case and Rosen's deposition. "For example, it is misleading -- and frankly irrelevant to the legal claims -- that Mr. Rosen said he hired more than 20 people with prior experience on Big Brother," the Defendants argue. "What CBS does not tell this Court is that Mr. Rosen also testified that the vast majority of these people worked with Mr. Rosen more recently on a different reality show, Hell's Kitchen, that has nothing to do with Big Brother. It is true that Mr. Rosen hires people with whom he has experience working on reality shows; there is nothing improper about that."

The clock has partially run out on CBS’ legal attempt to stop production and the June 18 premiere of ABC’s new reality series Glass House, which CBS says is a rip-off of Big Brother. Today, a federal judge said he won’t decide until at least June 15 the battling networks’ dispute over the discovery process in the case. This means the time CBS has to look at documents and depositions to find out exactly how much Glass House resembles Big Brother so they can shut it down is very tight. To make matters more pressing for CBS, ABC has already announced the Glass House contestants and plans to offer voting viewers an online look at the house on Saturday. Of course, the plaintiff network isn’t out of options: CBS said in court documents filed yesterday that it will be seeking a temporary restraining order against Glass House while these matters are ongoing. Nothing had been filed as of Tuesday evening.

In his ruling today, Judge John McDermott rejected CBS’ proposed fast-track discovery schedule that sought to have everything wrapped up by 5 PM tomorrow. Instead, the judge adopted a significant portion of the much more lenient timeline proposed by ABC. The ruling gives ABC until June 11 to provide supporting documents and declarations for CBS to examine. Then there are June 12 and June 15 filing deadlines for supplemental material. Then everyone waits, with no idea how long.

CBS filed a multi-million dollar suit on May 10 against ABC, Disney, Keep Calm and Carry On Productions and several former Big Brother producers. It cited copyright infringement, trade-secret misappropriation, unfair competition, breach of contract and conspiracy among other claims. ABC counter-filed, saying it believed there was “no merit” to CBS’ lawsuit. Since then, with the exception of a June 3 deposition, the networks have been locked in legal trench warfare — an approach CBS calls “ABC’s run-out-the-clock strategy.”

It appears that the executive producer of Glass House, Kenny Rosen literally had a complete copy typed of the Big Brother Guest manual, and he admitted consulting a production log to determine how many people he needed to hire for production. He also admitted half of his staff came from Big Brother. So CBS is seeking a temporary restraining order to prevent the show from even starting a live feed, and with that type of evidence they may be able to get it.

This is a naked attempt by CBS to stifle competition and creativity by claiming that reality techniques that have been developed over many years, on many shows by countless producers, are somehow exclusive to CBS.

PREVIOUS: CBS’ outside counsel tonight will file for a temporary restraining order against ABC in an effort to prevent ABC from premiering the Big Brother-like new reality series Glass House on June 18. The filing will be made electronically at midnight with US District Court judge Gary Allen Feess. The move was expected as the discovery phase in CBS’ lawsuit against Disney and ABC over Glass House has been moving slowly, and a federal judge not expected to make a ruling in the case before June 15 at the earliest. That is the Friday before the Monday, June 18 scheduled debut of Glass House.

We’ve learned that the TRO request is based primarily on the deposition for former Big Brother producer Kenny Rosen, now executive producer/showrunner of Glass House. In a deposition with CBS lawyers last Sunday, he admitted to taking a copy of the Big Brother Guest Manual and having it typed up separately as part of a Glass House manual. Given that the manual is considered a proprietary document and viewed as highly confidential by CBS, the network lawyers will argue that that is a clear violation of the non-disclosure agreement Rosen signed when at Big Brother. Rosen also admitted about two-thirds through his depo that he “consulted” the Big Brother Master Control schedule in an effort to partially figure out how many people he would have to hire for the production of Glass House. Rosen’s attorney Devin McRae shut down the line of questioning at that point, claiming attorney/client privilege. But Rosen also allegedly revealed that even more former Big Brother staffers being employed by Glass House than previously known. He put the number at 25-30, half of the ABC series’ staff. He also acknowledged that development of Glass House at ABC started around the time former Big Brother producer Corie Henson joined the network as an executive in the unscripted department. Additionally, Rosen admitted to deleting Glass House-related emails after CBS had filed its lawsuit over the show.CBS filed a multi-million dollar suit on May 10 against ABC, Disney and several former Big Brother producers. It cited copyright infringement, trade-secret misappropriation, unfair competition, breach of contract and conspiracy among other claims. ABC counter-sued, saying it believed there was “no merit” to CBS’ lawsuit. Since then, the networks have been locked in legal trench warfare — an approach CBS calls “ABC’s run-out-the-clock strategy.” Meanwhile, ABC has proceeded with announcing a cast for Glass House and is running a promo campaign for the series, while CBS has continued with its legal action against Disney as well as the individual producers who once worked on Big Brother and are now on Glass House, which the network claims are in violation of their Big Brother NDAs. CBS is represented by Scott Edelman, Michael Seitz, Theane Evangelis Kapur and Blaine Evanson of Gibson, Dunn & Crutcher. ABC is represented by Glenn Pomerantz, Jonathan Altman and Carolyn Hoecker Luedtke of Munger, Tolles & Olson.

LOS ANGELES (AP) — Attorneys for CBS Corp. claim the producer of an upcoming ABC reality series copied materials from his time on "Big Brother" and deleted emails that could have proved important in a case over whether the new show should be allowed to air.

The allegations were included in a filing Thursday that asked a federal judge to block the June 18 premiere of ABC's "The Glass House." CBS claims the series copies heavily from its hit show "Big Brother" and relies on experience and techniques used on that long-running series.

CBS' case focuses heavily on the notion that ABC is relying on the experience of roughly 30 former "Big Brother" staffers now working at "Glass House," including Executive Producer Kenny Rosen.

Rosen acknowledged in a recent deposition that he deleted emails after ABC had been warned by CBS that it would be sued, court documents said. It also alleges that Rosen directed a staffer to copy manuals he obtained while working on "Big Brother."

That would violate a non-disclosure agreement Rosen signed while working with CBS and could be a basis for blocking ABC from airing "Glass House," CBS' attorneys argue.

"It may be rare that a court enjoins a television show from proceeding ... but if ever there were a time to do so, this is it," CBS attorneys wrote in their motion.

Much of Rosen's deposition testimony was redacted from public copies of the filings, but CBS said in a statement that his testimony "further demonstrates the brazen lengths that former 'Big Brother' producers have gone to use confidential material, obtained while under our employment, to develop this new show."

ABC's attorneys responded Friday by requesting that the motion not be heard before "Glass House" premieres, arguing that an order blocking the show from airing would harm its network and potentially leave 140 employees jobless.

"In the end, this entire litigation appears to be an effort by CBS to knock out a competitive show in the courtroom, rather than compete in the homes of American viewers who could choose which the best show is (or choose to watch both)," ABC's lawyers wrote.

No hearing date on CBS' motion has been set, but both sides have been arguing for weeks over evidence. ABC and Rosen have denied wrongdoing and issued statements in response to CBS' motion.

"CBS first tried to intimidate me and then sued me for agreeing to work for a competing network," Rosen wrote in a statement. "What CBS is doing is wrong on many levels and I look forward to our day in court."

ABC wrote in a statement that it was "a naked attempt by CBS to stifle competition and creativity by claiming that reality techniques that have been developed over many years, on many shows by countless producers, are somehow exclusive to CBS."

ABC has continued work on its show even after CBS sued the network on May 10, alleging copyright infringement and violation of trade secrets. Its filing Friday argued that CBS cannot win on copyright grounds, noting that an idea itself is not protected by copyright laws.

Fourteen "Glass House" contestants were announced Monday, including a bail bondsman, a scientist and a bar mitzvah DJ. The contestants will become housemates and compete for a $250,000 prize. Audience feedback will help shape the contestants' daily life and who stays in the game.

"Big Brother" is scheduled to begin airing its 14th season in the United States in early July.

Breaking … A federal judge today has denied ABC’s efforts to slow down CBS’ desire for a temporary restraining order to shut down alleged Big Brother rip-off Glass House. ABC now has until 5 PM Monday to file any opposition to the TRO request CBS filed late last night. Once ABC, who had asked for a more expedited schedule on any TRO, file their material, CBS lawyers will likely respond by the next day. All of which means a hearing on the TRO request to shut down production and the June 18 debut of Glass House will likely occur sometime next week. Judge Gary Feess made the ruling (Read it here) in chambers after a series of legal moves on both networks’ parts throughout the day. CBS sued ABC and several former Big Brother producers on May 10 claiming that ABC’s new reality show Glass House is a blatant copyright infringement of their series. ABC has rejected the claims and the two are now locked in a legal battle with the clock ticking.

CBS, in its initial suit, cited copyright infringement, trade-secret misappropriation, unfair competition, breach of contract and conspiracy among other claims. ABC countered by saying that there was “no merit” to CBS’ lawsuit. The two networks have been fighting over the discovery side of the case, going back and forth over who wil share what with who — an approach CBS calls “ABC’s run-out-the-clock strategy.” Meanwhile, ABC has proceeded with announcing the cast for Glass House and running a promo campaign for the series. CBS proceeded with its legal action against Disney as well as the individual producers who once worked on Big Brother and are now on Glass House, which the network claims are in violation of their Big Brother NDAs. Former Big Brother producer Kenny Rosen gave a long deposition to CBS lawyers on June 3, revealing elements that CBS says proves their claims of breach of NDA, copyright infringement and trade-secret misappropriation, . CBS is represented by Scott Edelman, Michael Seitz, Theane Evangelis Kapur and Blaine Evanson of Gibson, Dunn & Crutcher. ABC is represented by Glenn Pomerantz, Jonathan Altman and Carolyn Hoecker Luedtke of Munger, Tolles & Olson.

The move is the latest volley over the upcoming reality series, which CBS claims is too similar to "Big Brother."

6:20 PM PDT 6/11/2012 by Alex Ben Block

ABC has filed a lengthy opposition brief in response to CBS' effort to stop the upcoming reality series Glass House, which CBS argues is too similar to its long-running hit Big Brother.

The court filing, which was expected, comes as CBS is asking a federal judge to issue a temporary restraining order against the ABC series, which is set to premiere on June 18. CBS will file a reply brief in the next day or so, according to sources, and U.S. District Judge Gary Fees will rule on whether Glass House can air as planned.

A federal judge has yet to decide whether to grant CBS’ request to block the premiere of ABC’s new reality show The Glass House, but that hasn’t stopped the two networks from continuing to quibble via court filings. The latest comes from CBS, which filed a reply brief today in response to ABC’s reply brief from yesterday (goodness!) over whether Glass House is a blatant copycat of Big Brother. For now, Glass House is still on schedule to debut June 18, unless CBS triumphs with its request for a temporary restraining order.

CBS’ basic beef is that Glass House, which has already assembled 14 contestants in a house outfitted with cameras and one-way mirrors, is too much like its long-running franchise Big Brother. CBS’ latest source of grief that was included in today’s filing: “Instead of disputing whether they are copying, (ABC) simply try to rationalize it, claiming that ‘when a successful reality show develops a good idea, other shows observe that idea and incorporate it into their own show.’ But CBS is not complaining about the copying of an idea. What defendants did here was entirely different: They had an extraordinary level of access to Big Brother, used it to produce Glass House, then lifted not just a few of Big Brother’s elements, but the entire protectable expression and compilation of them. And now, only after the fact, do defendants try to latch onto trivial rule changes, which are insignificant distinctions.”

And then, there’s this: “It simply does not do for defendants to caricature Big Brother as ‘people living in a house, competing with each other to avoid elimination, and winning a prize.’ That is as useful as saying that Sherlock Holmes lacks copyrightable expression because it is just ‘the idea of a detective and a sidekick, who live in London, and use disguises and forensic science to solve crimes.’”

And in response to ABC claims that the inner workings of Big Brother are readily available on the Internet: “Defendants’ attack on CBS’ trade secrets suffer from a fatal defect: If Big Brother’s materials are publicly available, and/or valueless ‘common sense,’ then why was it necessary for [executive producer Kenny] Rosen — who testifies of having ‘worked in television production for over 15 years’ and of ‘working my way up the ranks from Story Editor to Co-Executive Producer’ on Big Brother — to consult them, disclose them to his colleagues, and have them ‘typed up?’ The answer is obvious: Mr. Rosen did so because he believed the materials were valuable and he needed them to produce Glass House.“

There’s more, but you have to be catching the drift by now, right?

Meanwhile, all this back and forth has surely increased awareness of ABC’s new show. The Alphabet Network claims it’s already spent $16 million in promotional costs, but the amount of press generated by CBS’ legal claims has certainly done more for the show than any promo that airs during, say, The Bachelorette. And it’s not over yet. U.S. District Judge Gary Feess promised an expedited hearing, though no date has been set.

CBS Doubles Down on ABC Animosity Before Judge Rules on Glass House Restraining Order

Today 6:55 PM PDT by Natalie Finn

The people in Glass House are throwing stones, too!

ABC, as expected, resisted CBS' emergency petition for an injunction prohibiting the Alphabet Network from airing its upcoming reality series The Glass House.

And CBS, though a judge has not yet ruled on its request, is already firing back at ABC's resistance!

Sounds like fodder for a reality show, if you ask us.

"The clear theft and use of CBS' material, coupled with the admitted destruction of emails, clearly warrants a [temporary restraining order] at this stage," CBS attorneys state in a 28-page response filed today in U.S. District Court. "And ABC's protestations that injunctive relief would harm their business are of no moment because any harm is of their own making."

ABC, which claimed in its rebuttal filing barely 24 hours ago that it has already spent $16 million to market The Glass House ahead of its scheduled June 18 premiere, asked the court to deny CBS' TRO request, arguing that any claim of copyright infringement will not hold up.

"None of the alleged similarities shared by Big Brother and The Glass House involve copyright protectable elements—they are all generic staples of the reality show genre: people living in a house, competing with each other to avoid elimination, and winning a prize," ABC's lawyers wrote. "Nor is the sequence and arrangement of these unprotectable elements the same in Big Brother and The Glass House, foreclosing the possibility of infringement."

In its original lawsuit, CBS name checked 19 former producers, editors, et al. from Big Brother who now either work on The Glass House or at ABC; ABC denies that there was any conspiracy to steal Big Brother and CBS staffers away.

"There is no 'secret sauce' in Big Brother's production process," ABC replied.

CBS, meanwhile, begs to differ.

"Defendants offer a supposed parade of horribles if Glass House is not allowed to air," the litigious network argued in today's filing. "But Defendants miss the most important point: any harm to ABC is a direct result of ABC's own illegal conduct and so should not bar injunctive relief...Furthermore, the harm that ABC alleges—having its production stopped right before it airs—would undoubtedly be worsened if Glass House were pulled off television midseason, after the show began airing."

CBS originally sued ABC on May 10 for copyright infringement, misappropriation of trade secrets and unfair competition.

A judge is expected to rule on CBS' TRO request by the end of the week..

LOS ANGELES (AP) — A federal judge has set a hearing on a motion by CBS to block the premiere of the upcoming ABC reality series "The Glass House" on the basis it copies elements and secrets from the long-running show "Big Brother.

U.S. District Judge Gary Feess scheduled arguments for Friday morning, just days before "Glass House" is scheduled to premiere on Monday night.

CBS wants the show knocked from airwaves because it claims the new series violates "Big Brother" copyrights and several of its former staffers now working with ABC have violated non-disclosure agreements.

Both shows will feature contestants who are constantly filmed, although ABC claims its series greatly emphasizes audience participation and popularity to determine events on the show.

CBS claims Kenny Rosen, a former "Big Brother" producer who's now one of the top producers on "Glass House," has acknowledged that he instructed a staffer to copy an important manual used on the CBS show.

ABC has denied wrongdoing and urged Feess to reject the motion. In a filing earlier this week, it said many of the elements that CBS seeks to protect are common to many reality shows and are not protectable by copyright law. The network has spent $16 million promoting "Glass House" and claims nearly 150 workers would lose their jobs if the court blocks it from airing.

So it looks like the glass house will make to TV...Let's just hope the show is better than the feeds have been.

Judge says he probably won't block ABC series

By ANTHONY McCARTNEY | Associated Press – 2 hrs 51 mins ago

LOS ANGELES (AP) — A federal judge on Friday said he's inclined to allow ABC to air its new reality competition series "The Glass House" over rival network CBS' objections that the show copies "Big Brother."

U.S. District Judge Gary Feesssaid Friday he was not persuaded that CBS had proved it would be harmed if "Glass House" aired. He said the new show's audience participation element is likely to make it different from "Big Brother."

ABC has said "Glass House" contestants will have to curry audience popularity in order to succeed on the series.

"The audience involvement in particular in 'The Glass House' is a constant role in this show as it proceeds," Feess said. "I think is very likely to induce quite different behavior than one would expect to see in the 'Big Brother' show."

Feess said he would look at issues raised during a hearing Friday, but he didn't think his tentative decision on CBS' request for an injunction would change.

CBS had sought to block the show from airing over concerns it violated copyright and trade secrets related to its hit show "Big Brother." ''Glass House" is scheduled to air Monday night after "The Bachelorette."

"This is the first time where a reality show has been copied lock, stock and barrel with minor changes around the fringes to try to make it look different," CBS attorney Scott Edelman argued Friday.

Feess said CBS was trying to protect generic reality show elements, which isn't allowed under copyright law. He also said he thinks CBS overstated its trade secret complaints.

Glenn Pomerantz, who represents ABC, said there was no way CBS could prove its case and his clients weren't stealing their work.

ABC had denied all wrongdoing and said it has spent $16 million promoting the show and millions more to develop it.

CBS said regardless of Feess' ultimate ruling, it would continue to pursue its case and it "may still warrant more injunction proceedings depending on the content of each episode."

Edelman argued that "Big Brother" has pioneered the techniques that "Glass House" will use to produce its show, and that it has previously included audience participation elements that altered the arc of "Big Brother" seasons.

Feess disagreed, saying many of those techniques could be "reverse-engineered" from watching "Big Brother" and didn't warrant blocking the new show.

The judge, who acknowledged he's no fan of reality television, said he's not convinced that "Glass House" will eat into the audience of "Big Brother."

"Frankly I thought after the first or second reality shows on television, we would never see others," Feess said. "Boy, was I wrong."